Delhi High Court Stays All Construction Activities At Central Ridge Including At Monument 'Malcha Mahal'

In an interim order, the Delhi High Court on Monday said that there shall be no construction at the Central Ridge in the national capital, including the construction of 25 metres boundary wall, grill work and toilets for visitors at the monument Malcha Mahal.

Justice Jasmeet Singh observed that while there is no doubt that construction of the monument is important, however, as of today, the same is not to be done by way of construction of the boundary wall or toilets in the Central Ridge.

“For the time being, it is directed that there shall be no construction at the Central Ridge, including but not limited to construction of 25 metres boundary wall, grill work or toilets,” the court said while listing the matter for hearing on October 09.

Central Ridge, which extends to over 864 hectares, is located in the Northern Aravalli leopard wildlife corridor in Delhi. It was made into a Reserved Forest in the year 1914 and stretches from just south of Sadar Bazaar to Dhaula Kuan. Malcha Mahal is a Tuglaq era hunting lodge situated inside the Central Ridge.

The court was hearing a contempt plea wherein Amicus Curiae, Advocates Gautam Narayan and Aditya N Prasad, had filed a brief raising certain issues pertaining to the cases where directions have been passed to parties to plant trees in the national capital.

The matter was mentioned before Justice Singh today by the amicus curiae on the basis of a report published in the Times of India titled “Malcha Mahal in for royal makeover with boundary wall, iron grille and greening.”

In the report, it was stated that as part of facelift and protection of Malcha Mahal the Delhi government has decided to construct a 2-foot high boundary wall at the monument soon. It will be topped with a 5 ft high iron grille and will be built with stone masonry, the article added.

Perusing the news report, the court said that Central Ridge is a protected area and that it is the primary source of fresh air and a natural barrier to the loo which blows from Rajasthan to the national capital.

“As of today, there cannot be any concretization in the Central Ridge…,” the court said.

During the previous hearing, Justice Singh had expressed concern about the presence of 63 structures inside the Central Ridge and said that the institutions without protection from any court cannot be permitted and “will have to go.”

Justice Singh had expressed displeasure over encroachment in the Central Ridge and asked the authorities to take corrective measures or face contempt action.

Before his retirement in July, Justice Najmi Waziri, while passing his last order on preservation of trees in national capital, had called for monetary contributions from citizens, public spirited individuals and lawyers in “Green Delhi Account”.

The fund was opened after his directions to facilitate plantation of trees in Delhi. On July 13, Justice Waziri was informed by DDA’s counsel that the balance in the account was over Rs. 2.38 crores and that more money was pouring due to various judicial orders. Thereafter, the judge had directed that the monies deposited in the account shall be used for plantation of trees.

Case Title: ANJALI COLLEGE OF PHARMACY AND SCIENCE THROUGH ITS FOUNDER-CUM-CHAIRMAN DEVENDRA GUPTA v. DR. MONTU M PATEL PRESIDENT PHARMACY COUNCIL OF INDIA & ANR.